FL Barred From Enforcing Title Law Provisions!

Florida judge defends designers’ First Amendment rights! This is yet the latest example of the courts upholding our right to call ourselves interior designers without restriction, and to freely advertise exactly what we do. The dominos are falling one by one, but more and more quickly now. Spread the word!

From Clark Neily of the Institute for Justice:

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Great news in the Florida interior design case! Yesterday Judge Hinkle entered a preliminary injunction order ordering the State Board to stop enforcing the title provisions of Florida’s interior design law. I have attached a copy of the order, but here’s what this means in practical terms:

• Anyone who is lawfully performing interior design services in Florida may now use the terms “interior designer,” “interior design,” “space planning,” etc. to describe themselves and their work. There is no requirement to preface those terms with the word “residential.”
• While the order is en effect, the State Board may not proceed with any enforcement action that have already been commenced.
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• Technically, this is not a final order, and it could be withdrawn by the judge at a later date. Given the particular facts of this case, however, I consider that extremely unlikely, nor would it happen overnight. Bottom line, we are telling people that while there is a possibility that the order could be withdrawn, the odds of that happening appear very small.
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• The order does not affect the practice-related restrictions of Florida’s interior design law, which means that non-licensees are still limited to performing residential interior design services only. We will now turn our attention to the law’s practice restrictions, which will be a more challenging — but very exciting — effort.
• We encourage all of you to publicize this development through whatever networks or contacts you might have… But in terms of telling people informally about the injunction order and what it means, please don’t hold back — it’s important that we get the word out about this far and wide.

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Here’s the text of the actual order:

(You can also find the order as a PDF here. Please forward it far and wide.)

Case 4:09-cv-00193-RH-WCS Document 32 Filed 08/07/2009 Page 1 of 2
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF FLORIDA
Tallahassee Division
EVA LOCKE, et al.,
Plaintiffs,
v.
JOYCE SHORE, et al.,
Defendants.
Civil Action No.
4:09cv193-RH/WCS
PRELIMINARY INJUNCTION
THIS MATTER is before the Court on the parties’ Agreed Motion For
Preliminary Injunction. Upon consideration of the motion and the representations of
counsel and it appearing to the Court that the Motion is well taken,
IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT:
1. The First Amendment protects people’s right to speak truthfully about services
they lawfully perform. This includes advertising that uses terms that accurately describe
services a person legally provides and that accurately describe the person providing those
services.
2. Under Florida law, anyone may perform residential interior design services
without being licensed by or registered with the state. Accordingly, the plaintiffs and
other nonlicensees may lawfully perform residential interior design services in Florida,
and they have a right under the First Amendment to advertise those services using terms
that accurately describe themselves and the services they lawfully provide.

Case 4:09-cv-00193-RH-WCS Document 32 Filed 08/07/2009 Page 2 of 2
3. In light of the foregoing, the defendants and their officers, agents, servants,
employees, and attorneys, and other persons who are in active concert or participation
with them,(1) are hereby enjoined from enforcing the statutory restrictions on the use by
unlicensed or unregistered individuals who lawfully practice interior design of the
specific statutory terms in Fla. Stat. §§ 481.223(1)(c) and 481.229(6)(a) and any other
“words to that effect” to truthfully describe themselves and the services they lawfully
provide.
4. This agreed injunction shall remain in effect until further order of the Court,
and it is expressly understood and acknowledged by the parties that (a) the order applies
to disciplinary actions already commenced or that could have been commenced by the
Board of Architecture and Interior Design; and (b) the Board may not take action against
any person for actions taken in accordance with the agreed injunction order while it was
in effect, even if the order is later withdrawn or dissolved.
SO ORDERED on August 7, 2009.
s/Robert L. Hinkle
United States District Judge

(1) The parties’ agreed preliminary injunction would also enjoin “potential ‘affected
persons’ under Fla. Stat. § 481.223(3)(a)&(b).” They cite no authority for enjoining
nonparties in addition to those listed in Federal Rule of Civil Procedure 65(d)(2). This
order tracks the rule. Except for this change, this order is the same as proposed by the
parties.

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